Data Sharing and Governance Act 2019

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Number 5 of 2019

DATA SHARING AND GOVERNANCE ACT 2019

CONTENTS

PART 1

Preliminary and General

1. Short title and commencement

2. Definitions

3. Regulations and Orders

4. Expenses

PART 2

Application of Act

5. Application of Act to special categories of personal data

6. Interaction with Data Protection Acts and General Data Protection Regulation

7. Interaction with Social Welfare Consolidation Act 2005

8. Interaction with other enactments

9. Data-sharing: meaning

10. Public body: meaning

11. Deceased persons

12. Exclusions

PART 3

Regulation of Data-sharing

13. Data-sharing: requirements

14. Directions

PART 4

Data-sharing Agreements

15. Application (Part 4)

16. Obligation to enter into data-sharing agreement

17. Formal requirements

18. Accession to data-sharing agreement

19. Content of data-sharing agreement

20. Review of operation of data-sharing agreement

21. Lead agency

22. Cessation

PART 5

Public service information

23. Definitions (Part 5)

24. Application (Part 5)

25. Administration of Single Public Service Pension Scheme

26. Administration of pre-existing public service pension schemes

27. Public service policy analysis

28. Information requests

29. Data protection impact assessment

30. Anonymisation

31. Pension scheme information systems

32. Transparency

PART 6

Business Information

33. Definitions (Part 6)

34. Application (Part 6)

35. Allocation of unique business identifier number

36. Disclosure of business information

PART 7

Base Registries

37. Designation of base registry

38. Base registry owner

39. Processing of information

40. Terms of service

41. Access to information

42. Obligation to use base registry

PART 8

Personal Data Access Portal

43. Application (Part 8)

44. Establishment of personal data access portal

PART 9

Data Governance

Chapter 1

Data Governance Board

45. Appointment of Board

46. Functions of Board

47. Membership of Board and related matters

48. Committees

49. Disqualification from membership of Board

50. Resignation from membership

51. Casual vacancies

52. Reporting

Chapter 2

Review of Data Sharing Agreements

53. Definitions (Chapter 2)

54. Exclusions (Chapter 2)

55. Public consultation

56. Submission of documentation and information to Board

57. Review of data-sharing agreement

58. Amendments following review

59. Execution of agreement

60. Publication

61. Effective date of agreement

62. Time periods and documentation

Chapter 3

Governance

63. Application (Chapter 3)

64. Rules, procedures and standards

65. Guidelines

66. Model agreements

67. Publication of regulations and guidelines

68. Compliance report

PART 10

Miscellaneous

69. Prohibition on requests for certain documents

70. Specification of information

71. Provision of information on data-sharing

72. Amendment of Act of 1997

73. Amendment of Ministers and Secretaries (Amendment) Act 2011

74. Amendment of Social Welfare Consolidation Act 2005

75. Amendment of National Shared Services Office Act 2017

SCHEDULE

Bodies to which definition of “public body” does not apply

Acts Referred to

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)

Civil Registration Act 2004 (No. 3)

Civil Service Regulation Act 1956 (No. 46)

Communications Regulation (Postal Services) Act 2011 (No. 21)

Companies Act 2014 (No. 38)

Comptroller and Auditor General Acts 1866 to 1998

Copyright and Related Rights Act 2000 (No. 28)

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6)

Criminal Justice (Terrorist Offences) Act 2005 (No. 2)

Criminal Law Act 1976 (No. 32)

Data Protection Act 2018 (No. 7)

Data Protection Acts 1988 to 2018

Education Act 1998 (No. 51)

Education and Training Boards Act 2013 (No. 11)

Electronic Commerce Act 2000 (No. 27)

Employment Equality Act 1998 (No. 21)

European Parliament Elections Act 1997 (No. 2)

Family Law (Divorce) Act 1996 (No. 33)

Family Law Act 1995 (No. 26)

Interpretation Act 2005 (No. 23)

Irish Human Rights and Equality Commission Act 2014 (No. 25)

Local Government Act 2001 (No. 37)

Ministers and Secretaries (Amendment) Act 2011 (No. 10)

National Shared Services Office Act 2017 (No. 26)

Offences against the State Acts 1939 to 1998

Public Service Pay and Pensions Act 2017 (No. 34)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)

Public Service Superannuation (Miscellaneous Provisions) Act 2004 (No. 7)

Social Welfare Consolidation Act 2005 (No. 26)

Statistics Act 1993 (No. 21)

Taxes Consolidation Act 1997 (No. 39)

Vital Statistics and Births, Deaths and Marriages Registration Act 1952 (No. 8)

Number 5 of 2019

DATA SHARING AND GOVERNANCE ACT 2019

An Act to provide for the regulation of the sharing of information, including personal data, between public bodies; to provide for the regulation of the management of information by public bodies; to provide for the establishment of base registries; to provide for the collection of public service information; to establish the Data Governance Board; to amend the Taxes Consolidation Act 1997 ; to amend the Social Welfare Consolidation Act 2005 ; to amend the Ministers and Secretaries (Amendment) Act 2011 ; to amend the National Shared Services Office Act 2017 ; and to provide for related matters.

[4th March, 2019]

Be it enacted by the Oireachtas as follows: